Law, Social Work Practice Final

Front 1

Abuse

Back 1

Physical or mental injury, sexual abuse or exploitation, negligent treatment, or abuse or neglect of a child under the age of eighteen or the age specified by the child protection law of the state

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Neglect

Back 2

Failure to provide adequate food, clothing, shelter, or medical care

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Corporal punishment

Back 3

state statutes may allow reasonable corporal punishment, but if the child is seriously injured, state will find it as abuse.

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dependent child

Back 4

a child who has been deprived of parental support or care without fault on the part of parent. when parents are deceased, hospitalized, incarcerated, or cannot otherwise care for themselves

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Mandatory reporting of child abuse

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Require social workers and a number of other professionals to file a report when there is reasonable cause to believe that child abuse or neglect has occurred.

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Parties, titles (abuse neglect court process)

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Respondent - accused
Petitioner - accuser
Attorney - (may represent eithe party)
Court appointed special advocate

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Custody (10 day hearing)

Back 7

to address the question of the need for custody, this hearing is the equivalent of a detention hearing for juvenile delinquents.

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probable cause

Back 8

the court decides if there is PC or reason to believe the child is abused, neglected, or dependent, as alleged in the petition and if the child should remain in the custody or be taken into custody.

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pre-trial conference (purpose)

Back 9

affords the parties an opportunity to settle the case or determine whether the case is ready for trial.

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Adjudication hearing

Back 10

a trial that determines whether othe child is abused or neglected.

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dispositional hearing,

Back 11

where the court decides what should happen to the child if an adjudication of abuse, neglect, or dependency has occurred.

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indian child welfare act

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ICWA is a federal law that seeks to keep American Indian children with American Indian families.

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court appointed special advocate

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Casa - volunteer, speaks on behalf of the best interests of the child

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Termination of Parental rights (purpose)

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conditions that brought child to foster care are not likely to change.

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Legal protection for parents & children

Back 15

This is an adversarial hearing, so parents are represented by an attorney.

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Termination of Parental rights (Standard of proof)

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clear & convincing (non-native)
beyond reasonable doubt (native)

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Adoption (requirements for termination of parental rights)

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Courts may terminate parental rights when 1) a parent is unwilling or unable to consent to his or her child’s adoption or to surrender the child for adoption; 2) there is sufficient evidence that the parent is an unfit parent as defined by State law; and 3) termination is in the best interests of the child.
----Termination of parental rights actions typically are taken in behalf of children who have been adjudicated abused, neglected, or dependent and who have been removed from the custody of their parents. The actions are often intitiated by the social workers who have been providing services to the children and their parents with the goal of returning the child home. The actions are initiated only when it becomes apparent that reunification is impossible.

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Adoption (procedural protections for parents)

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statutes provide notice to the parent, and for a full evidentiary hearing before parental rights are terminated.

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Adoption (Notice (service))

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The parents must be given notice that the court is considering terminating parental rights, and the parents are entitled to a full evidentiary hearing before their rights are terminated.

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Adoption (hearing)

Back 20

This process involves filing a petition with the adoption court and then going through an adoption hearing. All of the people who have an interest in the adoption must receive notice of the hearing, prior to the hearing. These people typically include the biological parents, the adoption agency (if used), and the child, if he or she is of a certain age (12 or 14 in most states). Often times the adoption court will appoint a legal representative for the child.

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Adoption (standard of proof - Native, non-native americans)

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clear & convincing (non-native)
beyond reasonable doubt (native)

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Right to Counsel in New Mexico

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At the pre-trial hearing and in further proceedings, any party may be represented by counsel. The court shall appoint counsel for any party who is unable to obtain counsel for financial reasons if, in the court's discretion, appointment of counsel is required in the interest of justice.

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new legal parent-child relationship

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established either with proof of a biological relationship or proof of legal adoption by the parent or parents.

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Position of National Association of Black Social Workers

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trans-racial adoption is not in the best interest of the child

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Hague Convention on International Adoptions, purpose & provisions

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an international agreement to safeguard intercountry adoptions. Concluded on May 29, 1993 in The Hague, the Netherlands, the Convention establishes international standards of practices for intercountry adoptions.

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Juvenile Court Acts

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The statutes that establish either special courts or special procedures to hear cases involving children

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Parens patriae, definition, use in American Law

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"parent of the nation." In law, it refers to the public policy power of the state to intervene against an abusive or negligent parent, legal guardian or informal caretaker, and to act as the parent of any child or individual who is in need of protection.

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Delinquent child, definition

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Any child who violates any law of this state or
the United States, or any ordinance or regulation of a
political subdivision of the state, that would be a crime
if Committed by an adult

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Status Offender, definition

Back 29

a young offender (as a runaway or a truant) who is under the jurisdiction of a court for repeated offenses that are not crimes

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Youth Offender, definition in NM Delinquency Act

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a youth between the ages of fourteen and eighteen charged with certain enumerated felonies, indicted by a grand jury, and subject to either adult or juvenile sanctions. may also be a child fourteen to eighteen years of age adjudicated for any felony offense and who has had three prior, separate felony adjudications within a three-year time period immediately preceding the instant offense.

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Serious Youthful Offender, definition in NM Delinquency Act

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a child that is fifteen years of age or older and is accused of first-degree murder.

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Kent v US (significance)

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Supreme court recognized the serious consequences of waiver to adult court and set forth the due process requirements before a delinquency case may be waivered. Basically established the process.

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IN re Gault (significance)

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Established that youths have the right to 1) timely notice of their hearing, 2) right to be represented by counsel, or if they are unable to afford counsel have counsel provided to them, 3) the constitutional privilege against self-incrimination, and 4) the opportunity for cross-examination****Gault and Winship gave youths all the rights that adults have, minus a jury trial***

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IN re Winship (significance)

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Established the same standards of proof as for an adult defendant. Proof Beyond a Reasonable Doubt.
****Gault and Winship gave youths all the rights that adults have, minus a jury trial***

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McKiever v Pennsylania

Back 35

.a decision of the United States Supreme Court. The Court held that juveniles in juvenile criminal proceedings were not entitled to a jury trial by the Sixth or Fourteenth Amendments. The Court's plurality opinion left the precise reasoning for the decision unclear.[1]
Although the right to a jury trial is not guaranteed by the U.S Constitution in these cases, states may, and some do, employ jury trials in juvenile proceedings if they wish to do so. Kansas is the first State in the Country to articulate that the right should be extended to juveniles as a matter of right under its State Constitution.

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Terminology in Delinquent vs. Adult Criminal Cases

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Waiver-in delinquent cases this is used if the DA wants to try the case as an adult.

Juvenile cases are civil, not criminal.

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Comparison of rights of accused in delinquent vs. adult criminal cases

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no right to a jury trial in delinquent cases.

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Communitarianism (I)

Back 38

the most effective and socially just practices. law is first because it does the most good to the most people.

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Utilitarian interpretation (I)

Back 39

requires that all decisions be made on a community/country/worldwide level.

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Decision Making Framework (4 steps) (I)

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1. Law in Decision Making.
2. Professional codes of ethics.
3. Investigating Regional and Cultural Context and Personal Ideological Beliefs.
4. Doing what is Possible.

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Weakness with NASW Code of Ethics (I)

Back 41

overarching aspirational ideals. not good at setting standards for behavior.

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Camreta v. Greene (opinion & impact on social work practice)

Back 42

a case in which the Supreme Court of the United States held that in the general case the Court may review a lower court’s constitutional ruling at the behest of government officials who have won final judgment on qualified immunity grounds but could not for this case due to details specific to it.

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Mississippi Band of Choctaw Indians v. Holyfield (opinion & impact on social work practice)

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a case in which the Supreme Court of the United States held that the Indian Child Welfare Act governed adoptions of Indian children, and a tribal court had jurisdiction over a state court regardless of the location of birth of the child if the child or the natural parents resided on the reservation.[1]

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Gideon v Wainwright (opinion & impact on social work practice)

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.a landmark case in United States Supreme Court history. In the case, the Supreme Court unanimously ruled that state courts are required under the Fourteenth Amendment to provide counsel in criminal cases for defendants who are unable to afford to pay their own attorneys, extending the identical requirement made on the federal government under the Sixth Amendment.

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Decision Making Process (step 1)

Back 45

All mental health and human service practice dilemmas should be presumed to have potential legal and ethical implications. Attempt to address a practice dilemma by considering - with the assistance of agency or personal counsel, if possible - the potential legal implications first. if there is a clear answer based on an applicable legal principle, apply the principle.

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Decision Making Process (step 2)

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If no clear legal answer is generated or if multiple answers emerge, apply an appropriate professional code of ethics governing the mental health practice discipline with the decision maker is affiliated.

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Decision Making Process (step 3)

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If the ethical code suggests several possible answers, attempt to resolve the dilemma by applying cultural, regional, and personal, ideological considerations.

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Decision Making Process (step 4)

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If all preceding steps fail to identify a clear answer, apply pragmatic considerations.